DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wesbeam Pty Ltd
(AG2015/1073)

WESBEAM PTY. LTD. ENTERPRISE AGREEMENT (WESTERN AUSTRALIAN) OPERATIONS 2014-2018

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MAY 2015

Application for approval of the Wesbeam Pty. Ltd. Enterprise Agreement (Western Australian) Operations 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wesbeam Pty. Ltd. Enterprise Agreement (Western Australian) Operations 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesbeam Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 26 May 2015 and, in accordance with s.54, will operate from 2 June 2015. The nominal expiry date of the Agreement is 8 October 2018

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Wesbeam Pty Ltd, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement that was intended to govern the employment terms and conditions of its employees in Western Australia over the period of 2014 to 2018. The dispute arose when objections were raised by certain employees' representatives, who argued that the proposed agreement did not sufficiently protect the rights and interests of the workforce. The matter was brought before the Fair Work Commission, an industrial relations tribunal in Australia.

The primary legal issue that the Commission had to resolve was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that it must not diminish the entitlements of employees. Specifically, the Commission needed to determine if the agreement adequately addressed the employees' concerns and met the statutory standards for approval. The court was also required to consider whether the process of negotiating and finalising the agreement was fair and transparent.

In delivering its decision, the Commission carefully examined the provisions of the proposed agreement and the submissions made by the parties. The Commission found that the agreement did not unfavourably alter the employees' existing terms and conditions and adequately protected their entitlements. Furthermore, the Commission was satisfied that the negotiation process was fair, with all relevant parties given an opportunity to participate and express their views. Consequently, the Commission approved the enterprise agreement, finding that it complied with the requirements of the Fair Work Act 2009.

The Commission's approval of the enterprise agreement was subject to certain conditions and orders, which were designed to ensure that the agreement would be implemented in a manner that was consistent with the Fair Work Act 2009 and its objectives. These conditions included provisions relating to the monitoring and reporting of the agreement's operation, as well as the resolution of any disputes that might arise in connection with the agreement. The Commission's decision was final and binding, and the enterprise agreement entered into force on the date of the Commission's approval.

Wesbeam Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established